^Don't be this guy. ^
As a family lawyer I have prepped countless clients and witnesses for trial. This post is to share that advice with you all.
- Tell the truth. Even if you think it can hurt you, tell the truth. If you are caught in one lie it will kill your credibility for everything else you say. If you have something major to hide, and it would be best for you not to testify, then settle your case or hire a lawyer for the limited purpose of helping you figure out how to deal with that bad fact.
- Keep your cool on the stand - it will enhance your credibility. If you lose your temper, you lose credibility to the judge. It is particularly hard to keep your composure when you're being cross-examined by an asshole. Do it anyway. Play a little game with yourself- the meaner your cross-examiner gets, the nicer YOU get. This will show the judge that you are a credible witness that can't be shaken, and your cross-examiner is a bully. A judge once told me if a witness is not nice to the cross examiner, it makes him wonder what the witness is hiding.
- Look at the judge when you are testifying if you're saying something really important and want to get the judge's attention.
- Cross examination typically consists of yes or no questions. Answer Yes or No. Don't expand on your answer. I can't stress this enough. If you expand on your answer, all you are doing is helping the other side put on their case. Even if you think an explanation is necessary, resist the urge. You'll have an opportunity on re-direct to explain away bad facts. Keep your answers to Yes or No if it's a Yes or No question.
- Listen to the question asked and only answer that question. To the same point as tip #4 above, if the question starts with "when" give a timeframe. If it starts with "who" give a person. Don't offer up more information than the question asks for, or you are just helping the other side present their case.
- Keep your answers to 4 sentences tops. Otherwise your judge will get bored. Make your questioner guide you through your story.
- In matters involving children, make your responses about the kids, not you. Custody is always based on the best interest of the child, not right of the parent. Make sure your answers always are geared toward why your requested relief is related to the best interests of the child.
Order your copy of Family Law Boot Camp for more advice on trial prep, and feel free to add your own advice in the comments!
